AL- Mouhaqiq Al-Hilly Journal for legal and political science

The conclusion of this study is that it seeks to clarify the role of the will of the contracting parties that creates the contract of real insurance in real terms, because the principle is that the law is the one that determines the real insurances, but it is in the debtor’s ability to decide on real insurance by agreement on what falls under his financial liability, despite the fact that the principle in contracts is freedom. Contractual law, and that the contract is the law.

Assignment of the administrative contract is represented by the party contracting with the administration, with its approval, replacing him with someone else to perform the obligations and acquire the rights stipulated by the administrative contract. Thus, the assignee becomes the direct contractor with the administration, while the assignor is removed from the existing contractual bond. Waiver of an administrative contract does not occur in one form, as it may be a complete waiver, when the contractor waives his legal position as a party to the contract, and the obligations and rights included in this position, or this waiver may be a partial waiver of the contract, when the contractor By waiving part of the contract, such as waiving some obligations, or waiving the amounts stipulated in the contract. This waiver is based on philosophical foundations that justify its conception and existence, as well as some legal texts that permit it according to certain conditions.

The crime of exceeding the weights of narcotic drugs or psychotropic substances is one of the serious crimes that threaten the public and private interest, as its criminal behavior threatens health, economic and social harm to society and the individual, because the criminal act that constitutes the material element of the crime is the possession or possession of substances. Narcotic drugs or psychotropic substances contrary to what was stipulated in the Law. The law also permitted the possession or possession of narcotic substances or psychotropic substances for some persons, including exclusively those specified by the Iraqi Narcotic Drugs and Psychotropic Substances Law and comparative legislation (Egyptian and Jordanian). The Iraqi legislator has stipulated And explicitly on the punishment for the crime in question, where it was punished with a fine, and the punishment was tightened in the case of recidivism and made it imprisonment and a fine. It also specified mitigating circumstances for this crime that exempted it from punishment

The Iraqi legislator surrounded the currency with criminal protection, considering the crimes of forgery and use of currency to be felonies, and designated them with the most severe penalties, up to life imprisonment. Criminal protection was expanded to include counterfeiting the currency or part of it, even if that was for purposes other than dealing in it, but rather for commercial or cultural purposes. The law does not differentiate between counterfeiting and using foreign currency or the national currency and between counterfeiting coins and counterfeiting paper currencies except for penalty for coins made of non-metallic gold and silver. Between counterfeiting large denomination currencies and small denomination currencies, each of them is considered a felony, and forging or using a single banknote or coin constitutes a separate felony.

Expertise is considered the best means of investigation procedures ordered by the courts when in matters that fall outside the jurisdiction of the judiciary and require technical or scientific matters , as it aims to clarify technical and technical facts , and it is either based on a request from the opponents or from the court automatically , by issuing a ruling from the judge to be appointed in it. An expert and determines the tasks assigned to him. Experience is considered a scientific means of proof to estimate the evidence , and the court resorts to it in matters that need a scientific or technical interpretation. In order to clear up the ambiguity in these issues , it is considered an auxiliary procedure for the judge , so it is a means or evidence of proof , like other evidence such as testimony and inspection so we will discuss distinguishing experience from the rest of this evidence .

The Iraqi legislator did not stipulate a specific form for lease contracts as required for a sales contract. Instead, it considered the lease contract valid whether the agreement between the lessor and the lessee was oral or written. However, the legislator gave special attention to the written form of residential lease contracts by mandating that the parties must issue a written residential lease contract. Furthermore, it criminalized and imposed penalties on any party that refuses to issue such a contract. Therefore, the refusal to issue a residential lease contract is considered a crime punishable by law.

A lease contract is considered a commutative contract, meaning the lessee benefits from the leased property in exchange for a consideration paid to the lessor. The lessor is obligated to enable the lessee to benefit from the leased property in return for this paid consideration. Thus, each party to the contract receives something in exchange for their obligation. The law has specified certain limits for this consideration in residential property leases and has criminalized agreements that exceed these limits, imposing penalties for such actions. Therefore, any agreement between the parties to the contract for a rental fee exceeding the legally established maximum constitutes a crime in the eyes of the legislator.

Crimes criminalized by law that threatens the country’s cultural and historical archaeological heritage, as it causes the loss and disappearance of many antiquities that carry great historical and cultural value, and this crime is not achieved once the general elements (the material element and the moral element) are present. In order for it to be valid, it needs the presence of a special element in the crime that distinguishes it from other crimes, and the special element in this crime is represented by the place where the crime occurs, which is archaeological materials.

It is no secret that the Chemical Weapons Organization, since its founding in 1996, to this day, has been biased at times and silent in the face of critical situations in the fate of humanity at other times. Perhaps the reason for this is the monopoly of the five superpowers on its decisions, and there is no evidence of this from the organization’s funding policy, which is based for more than 90% of them, only five countries are considered to have the highest interests within the framework of the organization. However, despite this, the vital role played by the organization cannot be overlooked, even if it comes at the expense of the interests of its major funders, and because it is an organization that contains an important idea for the human interest, therefore It is necessary to push towards liberating its decisions first, so that it can then liberate humanity from chemical weapons, and the research will revolve around this area, where we will learn about the positions of the agency and stop at the shortcomings, in the hope of correcting its paths.

The crime of non-acceptance of a national currency is one of the crimes dealt with by the Iraqi legislator in Article (306) of the Iraqi Penal Code No. 111 of 1969, as amended, which means every activity carried out by the offender that includes not accepting the correct national currency that is circulating in Iraq at its nominal value, whether paper or metal. This crime is achieved by the availability of the special element and is represented by the place of the crime, which is the currency, whether metal or paper, and the general elements of the material element, which is the act of not accepting a national currency, and the moral element that consists of public and private intent For the crime, the legislator has punished this crime with the penalty of misdemeanor and has set an aggravating circumstance for it

The crime of disparaging the Holy Qur’an means insulting and ridiculing the words of God Almighty, which leads to harming religious feelings, and that committing this crime indicates a threat to the public interest, which is the security and stability of society, as the effects that result from it would destabilize internal security, and what is noted is The widespread spread of this crime is remarkably due to the ease with which it is committed. Therefore, the Iraqi legislator and the legislation under comparative study have dealt with the crime of disdain for the Holy Qur’an, because the act of disdain arouses public opinion and affects the protected interest provided by the penal texts.

The phenomena of abuse in the disposal of agricultural lands are somewhat numerous and similar, as one of the forms of infringement that has spread recently is the fragmentation and sale of lands, with the aim of removing them from the scope of agricultural lands, then changing their type and selling them for residential purposes to obtain a large and quick financial return, but this is the result The inevitability of attacks on land depends mainly on the factors that led to their occurrence and pushed the owners to do so, especially since the value of the land vacant with a tenant is increasing incrementally, the rate of its increase exceeding that of the rest of the other sectors and thus these lands have becccome a safe source for obtaining money, and this is done either By leaving the land uncultivated for a period of time during which the soil loses its ability to produce, or by fragmenting into small areas, this necessarily leads to the land losing its economic value for growing crops or orchards.

In our research, we discussed the set of guarantees that can be granted to subscribers to public loans, against the decline in the value of the currency in which the public loan was issued, because one of the most serious risks that subscribers to public loans fear is the decline in the value of the currency, as a result of devastating economic factors and conditions. In the country issuing the loan, it leads to what is known as the phenomenon of economic inflation, as in this case, the subscribers will be exposed to a certain and large loss. Therefore, in order to make the public loan successful, the country issuing the loan offers several guarantees against the phenomenon of inflation or the decline in the value of the currency.

In our research, we discussed the set of guarantees that can be granted to subscribers to public loans against the state’s non-payment or denial of the loan amount, which it had contracted. Despite the great financial capabilities that the modern state possesses, especially with regard to collecting taxes and collecting fees, There are fears that remain among the subscribers, about the inability of the borrowing country to pay the amount and interest of these loans, which works in the hearts of the subscribers, and thus causes them to refrain from participating in the public loan.
Therefore, in order to try to make the borrowing process successful and to cover the full amount of the loan that the state needs, the state wishing to borrow resorts to granting subscribers a group of guarantees. These guarantees can be divided into real guarantees and personal guarantees, as well as other types of guarantees different from the two types mentioned. It takes the form of benefits granted to subscribers.

The negative obligation imposes on the debtor not to carry out any action that would cause harm to the creditor, even if this action is legally permissible. Therefore, the debtor’s obligation. is an obligation to achieve the desired result
He will exercise due diligence and the debtor will not have fulfilled his obligation unless the result required of him is achieved. It is not enough that the debtor has fulfilled his obligation to exercise the necessary diligence and arouse the debtor’s responsibility. If the professional breaches his obligation of confidentiality and discloses professional secrets, he will incur civil liability to compensate for the damage that befell the client from during the claim for compensation; the debtor cannot be excused for the negative obligation. Once the debtor performs the prohibited act, in this case implementation in kind becomes impossible. In this case, the creditor has the right to demand compensation in kind if that is possible. This is inconceivable with regard to disclosing professional secrets because this obligation cannot be removed. And here comes cash compensation.

One of the most important legal problems raised by school education is the issue of compensation for school accidents. No matter how much the teacher uses modern educational skills, he may cause accidents for the student regardless of their cause and source. Therefore, our study of the research relates to an aspect of great importance from two aspects. The first is that it relates to an educational and precautionary issue that falls on the school or teacher in terms of care and supervision of the students when they are in their possession. The second aspect relates to the tort liability for the school accident. This topic is actually one of the important legal topics. Therefore, we find that some legislations, such as the Moroccan legislator, have taken care of this type of liability with very effective care, unlike some legislations, including our Iraqi legislation, which created a kind of ambiguity in dealing with this liability, especially since it was intertwined with several tort responsibilities such as the responsibility of the supervisor, the responsibility of the subordinate for the principal, and the responsibility for things. Here, most of its provisions were left to the general rules. This is what made the topic require a comprehensive legal treatment to cover its concept on the one hand and address the effects resulting from it on the other hand.

The legal basis of United Nations peacekeeping forces is one of the most contentious subjects of international law because of the lack of explicit reference in the Charter of the United Nations. Scholars disagreed in the establishment of such forces; some jurists counted the Security Council in the establishment of United Nations peacekeeping forces on the basis of chapter VI entitled "Peaceful settlement of disputes". Chapter VII of the Charter, entitled "Action taken in cases of threat, breach of the peace and aggression"), and the other opinion. The establishment of United Nations peacekeeping forces belongs to the General Assembly. in Articles 10-15 and 22 of the Charter of the United Nations. which confers competence on the General Assembly to establish peacekeeping forces. Peace but implicitly, not just the Charter makes grants. The General Assembly has this competence in this regard, but it is added. It's also a "Union for Peace resolution".Thus, the establishment of United Nations peacekeeping forces in accordance with Chapter VI or Chapter VII of the Charter would be in accordance with the conflict-specific circumstances.

The jurisdiction of the administrative courts means their authority to issue a ruling in accordance with the law in the dispute before them, as the proper functioning of procedural justice requires that every individual know his natural judge, so that administrative decisions that are believed to be illegal can be appealed before him, as the right to litigation is a guaranteed constitutional and legal right. For everyone, it is possible to resort to administrative courts to examine the legitimacy of the decision, as this study relates to one of the important and influential procedural topics within the scope of administrative judiciary, which the Iraqi legislator did not address in State Council Law No. (65) of 1979 as amended, but rather referred the matter to the Code of Procedure. Civil Code No. (83) of 1969, amended. It appears that this treatment is not complete, as the case has its own specificity, which means that there is a legislative deficiency that requires attention to be taken into account in order to reach the dimensions of the problem and come up with recommendations about the texts that require reconsideration or addition, in order to enable the interested party to find the court. The competent person who will review his case and decide on his requests and defenses.